Administrative and legal status of public associations and the mechanism of their interaction with public authorities in Ukraine
Students Name: Yurchuk Sviatoslav Vasylovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Yurchuk S.V., Parpan U.M. Administrative and legal status of public associations and interaction with public authorities in Ukraine. Master’s thesis. - Lviv Polytechnic National University, Lviv, 2020. Extended annotation. The main feature of the world in the third millennium is the search for ways to social, economic, political and spiritual transformation. The state, trying to solve this problem, determines that one of the main priorities is the development of civil society and its democratic institutions. The institute of civil society regulates the possibility of a person as a citizen of the respective state to protect his legitimate interests, as well as natural rights. In this regard, the question of the relevance of the study of the institution of civil society is of fundamental importance and requires clarification of its theory, legal structure and legal status of its individual institutions. Considering civil society from a methodological point of view, one of the defining objects is local self-government, the state is responsible for the implementation and organization of society, as well as ensuring the protection of their human and civil rights and freedoms [1]. The active work of public associations is to some extent an invariable feature of a developed civil society, democratic principles and the rule of law in general, in which the rights and freedoms of citizens are properly ensured and guaranteed, and the ability of all actors to participate in state creation and public relations. . In Ukraine, in recent years, both the number of public associations and the volume of their activities at the national, regional and local levels have increased sharply. Direct attention to clarification and substantive study of mechanisms and interaction between public authorities and public associations paid a number of scientists, namely MO Baimurov, NR Nyzhnyk, VI Bordenyuk, OV Batanov, OV Petryshyn, MP Nyzhnyk, VD Yavorsky, Yu. M. Todyka, VV Kravchenko, VF Martselyak, AO Selivanov and others. Despite the fact that a number of scholars have studied and considered public authorities as one of the main institutions of civil society in the domestic legal doctrine, there is no systematic study of this issue of theoretical and practical importance, so there is a need for a comprehensive study of mechanisms and interactions between institutes. civil society and public authorities. Object of study. The object of the study are the general laws of social relations, which arise in the absence of a clear mechanism of legal relations between public authorities and public associations. Subject of study. The subject of the research is the administrative and legal status of public associations and interaction between public authorities. The aim of the study. The main purpose of this master’s thesis is to conduct a comprehensive analysis of the administrative and legal status of public associations and the mechanism of their interaction with public authorities. The first section of the master’s thesis clarified in detail the theoretical and methodological foundations of the formation of a public association, analyzed the administrative and legal status of public associations. According to Art. 1 of the Law of Ukraine "On Public Associations" stipulates that a public association is a voluntary association of individuals and / or legal entities of private law for the exercise and protection of rights and freedoms, the satisfaction of public, including economic, social, cultural, environmental and other interests. The right to association of citizens is one of those subjective rights that are guaranteed by the basic law, which significantly affect the implementation of all complex of rights and freedoms of citizens and are one of the most important institutions of administrative law [2]. The second section analyzes the general characteristics of the rights, duties and responsibilities of public associations, clarifies the classification of rights, types of duties and types of responsibilities. The rights of public associations should be understood as a measure of permissible behavior of members of public associations provided and guaranteed by the state, which is enshrined in administrative law and provided by state coercion. It should be noted that the establishment of the rights and obligations of public associations regulates its most important relations and connections with other legal entities and individuals, society and the state. These relations directly affect the formation of the administrative and legal status of public associations. In our opinion, it would be methodologically correct to disclose the concept of rights through the category of legal possibility, and obligations - through the category of legal necessity. This approach will establish the existing differences between rights and responsibilities and reveal the meaning of each of these phenomena. In addition, it should be noted that legal obligations are a measure of proper conduct in legal relations imposed by the state and enshrined in administrative law, and their implementation is ensured by the possibility of state coercion. The third section analyzed in detail the relationship of public associations with public authorities and mechanisms for improving public associations in accordance with international standards. The analysis of interaction of public organizations with the Ministry of Internal Affairs is carried out, the given cooperation is provided by the current legislative acts of Ukraine and regulatory legal acts. Specific goals and objectives have been clarified, the main purpose of these public associations is to prevent and prevent the commission of various types of offenses among society, providing information on the results of police work in the fight against crime. Key words: public associations, rights, Ministry of Internal Affairs, duties, responsibilities, public authorities. References: 1. Khachaturov RL General theory of legal responsibility: a monograph / RL Khachaturov, DA Lipinsky. - St. Petersburg: R. Aslanov Publishing House "Legal Center Press", 2007. - 950 p. 2. Tsarkov II Philosophical and state-legal views of John Locke: [monograph] / II Tsarkov. - Togliatti: International. acad. business and bank. dela, 2006. - 55 p. 3. Civil Code of Ukraine: Law of Ukraine of January 16. .2003 № 435-IV // Bulletin of the Verkhovna Rada of Ukraine. - 2003. - № 40-44. - Art. 356.